HomeMy WebLinkAboutresolution.council.048-09RESOLUTION #
(Series of 2009)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND EXCAVATION SERVICES, INC SETTING
FORTH THE TERMS AND CONDITIONS REGARDING LONE PINE
NEIGHBORHOOD PEDESTRIAN IMPROVEMENT PROJECT AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT
WHEREAS, there has been submitted to the City Council a contract
between the City of Aspen, Colorado, and Excavation Services Inc, a copy
of which contract is annexed hereto and made a part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF ASPEN, COLORADO:
Section 1
That the City Council of the City of Aspen hereby approves that
contract between the City of Aspen, Colorado, and Excavation Services,
Inc regarding Lone Pine Neighborhood Pedestrian Improvement Project, a
copy of which is annexed hereto and incorporated herein, and does hereby
authorize the City Manager of the City of Aspen to execute said contract on
behalf of the City of Aspen.
Dated: 30 a~
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify
that the foregoing is a true and accurate copy of that resolution adopted by
the City Council of the City of Aspen, Colorado, at a meeting held July 27tH
2009
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Kat n S. Koch, City Clerk
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CONTRACT FOR CONSTRUCTION r~c~„«.a~~,
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TffiS AGREEMENT, made and entered into on (DATE OF CONTRACTI . by and between the
CITY OF ASPEN, Colorado, hereinafter called the "City", and CONTRACTOR'S
NAMEI ,hereinafter called the "Contractor". c~,,~q- Qy~ r~,~'LJj~a
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WHEREAS, the City has caused to be prepared, in accordance with the law, specifications and
other Contract Documents for the work herein described, and has approved and adopted said documents,
and has caused to be published, in the manner and for the time required by law, an advertisement, for the
project: R JECT TITLE ,and, j
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WHEREAS, the ntractor, in response to such advertrsement, or in response to direct invitation,
has submitted to the City, in the manner and at the time specified, a sealed Bid in accordance with the
terms of said Invitation for Bids; and,
WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and
canvassed the Bids submitted in response to the published Invitation for Bids therefore, and as a result of
such canvass has detemrined and declared the Contractor to be the lowest responsible and responsive
bidder for the said Work and has duly awazded to the Contractor a Contract for Construction therefore, for
the sum or sums set forth herein;
NOW, THEREFORE, in consideration of the payments and Contract for Construction herein
mentioned:
The Contractor shall commence and complete the construction of the Work as fully described in
the Contract Documents.
2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and other
services necessary for the construction and completion of the Work described herein.
3. The Contractor shall commence the work required by the Contract Documents within seven (7)
consecutive calendaz days after the date of "Notice to Proceed" and will complete the same by the
date and time indicated in the Special Conditions unless the time is extended in accordance with
appropriate provisions in the Contract Documents.
4. The Contractor agrees to perform all of the Work described in the Contract Documents and
comply with the terms therein for a sum not to exceed f AMOUNT OF CONTRACT
($ ~~Qi"7//, ro~J) DOLLARS or as shown on the BID proposal.
5. The term "Contract Documents" means and includes the documents listed in the City of Aspen
General Conditions to Contracts for Construction (version GC97-2) and in the Special Conditions.
The Contract Documents are included herein by this reference and made a part hereof as if fully
set forth here.
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6. The City shall pay to the Contractor in the manner and at such time as set forth in the General
Conditions, unless modified by the Special Conditions, such amounts as required by the
Documents.
7. This Contract for Construction shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors, and assigns. Notwithstanding anything to the contrary
contained herein or in the Contract Documents, this Contract for Construction shall be subject to
the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval
requirements of Section 4-08-040. This agreement shall not be binding upon the City unless duly
executed by the City Manager or the Mayor of the City of Aspen (or a duly authorized official in
his/her absence) following a resolution of the Council of the City of Aspen authorizing the Mayor
or City Manager (or a duly authorized official in his/her absence) to execute the same.
8. This agreement and all of the covenants hereof shall inure to the benefit of and be binding upon
the City and the Contractor respectively and their agents, representatives, employees. Successors,
assigns, and legal representatives. Neither the City nor the Contractor shall have the right to
assign, transfer or sublet his or her interest or obligations hereunder without the written consent of
the other party.
9. This agreement does not and shall not be deemed or construed to confer upon or grant to any third
party or parties, except to parties to whom the Contractor or the City may assign this Contract for
Consiruction in acwrdance with the specific written consent, any rights to claim damages or to
bring suit, action or other proceeding against either the City or the Contractor because of any
breach hereof or because of any of the terms, covenants, agreements or conditions herein
contained.
10. No waiver of default by either party of any terms, covenants or conditions hereof to be performed,
kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent
default of any of the terms, covenants or conditions herein contained, to be performed, kept and
observed by the other party.
1 I . The parties agree that this Contract for Construction was made in accordance with the laws of the
State of Colorado and shall be so construed. Venue is agreed to be kept exclusively in the courts
of Pitkin County, Colorado.
12. In the event that legal action is necessary to enforce any of the provisions of this Contract for
Construction, the prevailing party shall be entitled to its costs and reasonable attorney's fees.
13. This Contract for Construction was reviewed and accepted through the mutual efforts of the
parties hereto, and the parties agree that no construction shall be made or presumption shall arise
for or against either party based on any alleged unequal status of the parties in the negotiation,
review or drafting of this Contract for Construction.
14. The undersigned representative of the Contractor, as an inducement to the City to execute this
Contract for Construction, represents that he/she is an authorized representative of the Contractor
for the purposes of executing this Contract for Construction and that he/she has full and complete
authority to enter into this Contract for Construction for the terms and conditions specified herein.
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IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction on the
date first above written.
ATT STED BY: - /
CITY OF
By:
COLORADO
RECOMMENDED FOR APPROVAL:
City Engineering Department
ATTESTED B
APPROVED AS TO FORM:
By' ~_=-~l~~Ca~,
City ttorn y
Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a partnership, the
Contract shall be signed by a Principal and indicate title.
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CnNTR A (`Tf1R
CERTIFICATE OF INCORPORATION
~~,~, ~,., ~ (To be completed if Contractor is a Corporation)
STATE OF -- ~/s~
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COUNTY OF ('~1lL? ~-do ~/~ ~
On this ~~ day of ~y~ ~ , 20~ before me appeazed
~ ~v5~ , to me personally known, who, being by
me first duly sworn, did say that s/he is Its'dr„f of
~kcavo,~7r~^ S"''~%~~S ~n~- and that the seal affixed to said
mstnunent is the corporate seal of said corporation, and that said instrument was signed and sealed in
behalf of said corporation by authority of its boazd of directors, and said deponent acknowledged said
instrument to be the free act and deed of said corporation.
WITNESS MY HAND AND NOTARIAL SEAL the day and yeaz in this certificate first above written.
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861-971.doc 'B81
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Certification and Supplemental Conditions to Contract for Services -
Conformance with &8-17.5.101, et seg
Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bi1106-1343 that
added a new article 17.5 to Title 8 of the Colorado Revised Statutes entitled "Illegal Aliens -Public
Contracts for Services." This new law prohibits all state agencies and political subdivisions, including the
City of Aspen, from knowingly employing or contracting with an illegal alien to perform work under a
contract, or to knowingly contract with a subcontractor who knowingly employs or contracts with an
illegal alien to perform work under the contract. The new law also requires that all contracts for services
include certain specific language as set forth in the statutes. This Certification and Supplemental
Conditions has been designed to comply with the requirements of this new law.
Applicability. The certification and supplemental conditions set forth herein shall be required to be
executed by all persons having a public contract for services with the City of Aspen.
Definitions. The following terms aze defined in the new law and by this reference are incorporated herein
and in any contract for services entered into with the City of Aspen.
"Basic Pilot Program" means the basic pilot employment verification program created in Public
Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended,
that is administered by the United States Department of Homeland Security.
"Contractor" means a person having a public contract for services with the City of Aspen.
"Public Contract for Services" means any type of agreement, regardless of what the agreement
may be called, between the City of Aspen and a Contractor for the procurement of services. It specifically
means the contract or agreement referenced below.
"Services" means the famishing of labor, time, or effort by a Contractor or a subcontractor not
involving the delivery of a specific end product other than reports that aze merely incidental to the
required performance.
PURSUANT TO SECTION 8-17.5-101, C.R.S., et. seq.:
By signing this document, Contractor certifies and represents that at this time:
(i) Contractor does not knowingly employ or contract with an illegal alien; and
(ii) Contractor has participated or attempted to participate in the Basic Pilot Program in order to verify
that it does not employ illegal aliens.
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The Public Contract for Services referenced below is hereby amended to include the following terms and
conditions:
1. Contractor shall not knowingly employ or contract with an illegal alien to perform work under the
Public Contract for Services.
2. Contractor shall not enter into a contract with a subcontractor that fails to certify to the Contractor
that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under
the Public Contract for Services.
3. Contractor has verified or has attempted to verify through participation in the Federal Basic Pilot
Program that Contractor does not employ any illegal aliens; and if Contractor has not been accepted into
the Federal Basic Pilot Program prior to entering into the Public Contract for Services, Contractor shall
forthwith apply to participate in the Federal Basic Pilot Program and shall in writing verify such
application within five (5) days of the date of the Public Contract. Contractor shall continue to apply to
participate in the Federal Basic Pilot Program and shall in writing verify same every three (3) calendaz
months thereafter, until Contractor is accepted or the public contract for services has been completed,
whichever is earlier. The requirements of this section shall not be required or effective if the Federal
Basic Pilot Program is discontinued.
4: Contractor shall not use the Basic Pilot Program procedures to undertake pre-employment
screening of job applicants while the Public Contract for Services is being performed.
5. If Contractor obtains actual knowledge that a subcontractor performing work under the Public
Contract for Services knowingly employs or contracts with an illegal alien, Contractor shall:
(i) Notify such subcontractor and the City of Aspen within three days that Contractor has
actual knowledge that the subcontractor is employing or contracting with an illegal alien; and
(ii) Terminate the subcontract with the subcontractor if within three days of receiving the
notice required pursuant to this section the subcontractor does not cease employing or contracting with
the illegal alien; except that Contractor shall not terminate the Public Contract for Services with the
subcontractor if during such three days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal alien.
6. Contractor shall comply with any reasonable request by the Colorado Department of Labor and
Employment made in the course of an investigation that the Colorado Department of Labor and
Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102
(5), C.R.S.
7. If Contractor violates any provision of the Public Contract for Services pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract for
Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and
consequential damages to the City of Aspen arising out of Contractor's violation of Subsection 8-17.5-
102, C.R.S.
Public Contract for Services:
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Con1
By:
Title
JPW-saved: 8/32006-867-M:kitykityattykonUact\formskertification - hb-0(f 1343.doc
681-971.doe '681
TRANSMISSION VERIFICATION REPORT
TIME 07/18/2009 19:56
NAME EXCAVATION SERVICES
FAX 970-963-4336
TEL 970-963-8355
SER.H 000C6J308554
DATE,TIME 07/18 19:53
FAX NO./NAME 9205440
DURATION 00:02:27
PAGE(S) 08
RESULT OK
MODE STANDARD
ECM